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I was served papers for a credit card

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Subject: I was served papers for a credit card
Posted on Mon Jul 26, 2010 2:45 am  

Please Help!
I was served papers tonight from a Collections Agency.. For a credit card I used back in 2003.. I have not made any payments on it since 2003... the amount is $1200.. i was 18 when I used it... it was Bank of America and another credit agency bought it I think in 2007.. What do I do? I thought the 4 years where up already.. why are they suing me..? I live in California.


Joined: 08 Feb 2010
Aaron's page
Posts: 2632

48565 Magic Points

Posted on Mon Jul 26, 2010 9:12 am  

Hi Kendall,

First try to find out if there is really a lawsuit agaisnt you.

The Statute of Limitations (SOL) in California is 4 years. Then, as per what you say, the SOL on this account has expired. The collection agency won't be able to win agaisnt you, as the SOL has expired.

However, as you have received the summons, you will have to answer to that. You can defend yourself by mentioning about the expired SOL. I think it is better to consult a lawyer about this.


Keep in touch Smile


Joined: 19 Jul 2010
Katrina's page
Posts: 51
Location: Atlanta, GA

1037 Magic Points

Posted on Mon Jul 26, 2010 11:24 pm  

I agree with Aaron, anytime you are served with a court summons it is always best to consult with an attorney. There are plenty of lawyers that do not charge a fee for a consultation. Do research on the CA as well, they may be known offenders of the law and there may be a class action suite out there or an attorney who as fought this battle for another party in the past and would be willing to file a counter claim.

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Posted on Mon Aug 04, 2014 11:34 pm  

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